MUNICIPALITY COMMISSIONER Vs. MANU PRASAD

JUDGEMENT

(1.) 1. This second appeal has been preferred by the Municipal Commissioner of Sasaram Municipality (defendant-appellant) through its Chairman against the judgment and decree dated 30.4.1990 and 14.5.1990, respectively, passed, in Title appeal No. 61 of 1980 by Sri Laxman Oraon, 5th Additional District Judge, Sasaram confirming the judgment and decree dated 15.4.1980 and 5.5.1980 passed by Sri Rajnath Ram, Ist Additional Munsif, Sasaram in Title Suit No. 152 of 1971 / 91 of 1977 whereby the learned Additional Munsif has been pleased to decree the suit of the plaintiff-respondent.

(2.) THE brief facts of the case are as follows: THE original plaintiff Ramdhari Singh filed a title suit before the court of Munsif Ist, Sasaram which was numbered as Title Suit No. 152 of 1971 for declaration that the plaintiff has acquired the status of a permanent lessee by virtue of the Page 0070 resolution passed by Sasaram Municipality on 10.8.1957 and as per its acceptance by the plaintiff vide his petition dated 10.7.1962 in respect of the suit property described in Schedule A of the plaint and for issuing direction to the defendant to execute a deed of formal lease, if necessary, in favour of the plaintiff on such terms as fixed by the court. It has also been prayed that the defendants be restrained permanently from interfering with the peaceful possession of the plaintiff over the suit property. THE suit was contested by the defendant-appellant i.e. Municipal Commissioner of Sasaram but the defendant-appellant lost the suit and also the first appeal and thus, tills I second appeal filed by the defendant-appellant is before me.

(3.) SEPARATE written statements were filed by Sasaram Municipality and by the State of Bihar mostly on common grounds. The case of the defendants is that the suit as framed is not maintainable and is barred by law of limitation, principle of estoppel, waiver and acquiescence and the plaintiffs have got no cause of action for the suit. The statement of the plaintiff that the suit land lying east of Gandhi Path was not required for which it was acquired is incorrect and the fact is that the same is still required for widening of the road. It has further been pleaded that the resolution dated 10.8.1957 passed in the meeting of the Municipal Commissioner of Sasaram Municipality was illegal and invalid and it is incorrect to say that Sasaram Municipality vide its resolution made an offer to the plaintiff for permanent settlement of the suit land who accepted the proposal and. submitted his letter of acceptance dated 10.7.1962 which was acknowledged by Sri Shashi Bhushan Prasad, the then Head Clerk of Sasaram Municipality. The notice sent by the plaintiff to defendant No. 1 expressing his desire for renewal of the lease has got no legal sanctity and the same is illegal and void which did not confer any right to the plaintiff. The plaintiff is merely a trespasser in the eve of law and did not acquire a status of permanent lessee by virtue of the resolution dated 10.8.1957 in respect of the suit land which is still required for widening of the road and as such, the prayer has been made to dismiss the suit.